BRIER — A jury in a murder case paid a rare visit Thursday to a peaceful neighborhood where violence erupted 15 months ago, shots rang out and a young man died.
Jurors who will be judging the actions of Noel Evan Caldellis, 20, were bused to the suburban neighborhood on 38th Avenue W. and saw firsthand the narrow cul-de-sac where young people came to fight.
Caldellis, who brought along a .357-caliber revolver to the fight, is accused of firing into the crowd. Jay Clements, 21, was shot in the chest and groin.
His body was discovered near the base of a maple tree outside a house where 50 or 60 people had gathered for a Labor Day weekend party in September 2006.
Caldellis’ trial has been under way since Nov. 7, and jurors have seen diagrams and photos of the area where the killing happened.
Deputy prosecutor Matt Hunter said he asked Snohomish County Superior Court Judge Thomas Wynne for the field trip so jurors could see firsthand how the fights and shooting happened in a small space. Seattle defense attorney Raymond McFarland said he didn’t object.
Wynne said it’s rare juries are brought to crime scenes. He can recall only three other such visits in his long judicial career, and only one of those in a criminal trial.
The jury visit came after all the evidence, including testimony from dozens of witnesses, was presented. No court proceedings are scheduled for today, and lawyers are expected to give closing arguments Monday.
Clements, a Tacoma college student who grew up in Mukilteo, left the party to help break up the fights.
Hunter alleged that Caldellis fired two shots in the air before firing twice more into the crowd. Caldellis is charged with first-degree murder for exhibiting “extreme indifference to human life.”
He’s also accused of two counts of second-degree assault in connection with two other people who were at the party.
Of particular interest in the final hours of the testimony was the forensic examination of the only bullet found that was linked to Caldellis’ gun.
The hollow-nosed slug was located on the concrete patio of a home about 100 yards from where Clements was killed.
Prosecutors contend that the bullet must have been one of those fired into the air by Caldellis. The defense has tried to show that it was one of the bullets that Caldellis fired at crowd level. That’s important because the direction was wrong for a bullet fired at Clements, and no bullets were found in his body during autopsy.
The defense maintains another person fired the fatal shots.
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
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